In previous blogs I have written on the actions taken by the New Jersey Legislature to move forward with alimony reform. In February, the Assembly Judiciary Committee approved a measure calling for an eleven person panel to study the need for and make suggestions with regard to such alimony reform. Continue reading ›
The ESP Process in New Jersey Divorce Cases – a Call for Uniformity
The vast majority of divorce cases settle by way of an agreement reached between the parties. Only a small fraction of divorce cases are actually tried and decided by the court. Continue reading ›
Detecting Fraudulent Transfers in a New Jersey Divorce
Last week, we addressed the concept of how a gift or transfer of property to one or both spouses may be treated in a divorce. But what occurs if one of the spouses transfers marital money or marital property to a person or entity outside of the marriage? Continue reading ›
New Jersey Supreme Court Clarifies the Standard to Determine Whether Transfers of Property Between Family Members Are Gifts
It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and irrevocable relinquishment of ownership.” Continue reading ›
Is There a Right to Counsel in Domestic Violence Cases? New Jersey Supreme Court Says ‘No’
Back on January 24, 2013, exactly one year ago today, the Appellate Division delivered a published opinion with regard to the issue of an indigent defendant’s right to counsel, or lack thereof, in a domestic violence setting. D.N. v K.M., 429 N.J. Super. 592 (App. Div. 2013). Continue reading ›
Further Discussion Regarding Grandparent Visitation in New Jersey
Prophetically, Karen Willitts in her blog on January 3, 2014 entitled “Grandparent Visitation in New Jersey”, discussed the state of our law as it relates to the rights of grandparents to seek visitation with their grandchildren pursuant to New Jersey statute, N.J.S.A. 9:2-7.1. Continue reading ›
KIDS SAY THE DARNDEST THINGS – BUT USUALLY NOT TO THE JUDGE IN NEW JERSEY CUSTODY DISPUTES
One of the most difficult – and most divisive – aspects of a divorce case is where there is a bona fide dispute between the parties as to what the custody and parenting time arrangements should be for their minor children. Frequently, a client will insist that the children be allowed to speak to the judge directly so that the judge can hear first-hand with whom the child would rather live and/or so the judge can be told what a terrible parent the other party is. Continue reading ›
Grandparent Visitation in New Jersey
As stated by the New Jersey Supreme Court, “The emotional attachments between grandparents and grandchildren have been described as unique in that the relationship is exempt from the psycho-emotional intensity and responsibility that exists in parent/child relationships. Continue reading ›
Calculating Child Support for Multiple Families
On December 18, 2013 the New Jersey Appellate Division published an opinion in the matter of Harte v. Hand. In the opinion, the Appellate Division addressed the issue of how to properly calculate child support on behalf of children of multiple families. Continue reading ›
Further Protection of a Domestic Violence Victim’s Unborn Child in New Jersey
Way back in May of this year, I wrote the initial post for this blog concerning the protection of an unborn child of the victim of domestic violence based upon the published decision, B.C. v. T.G., penned by the Honorable Lawrence R. Jones, J.S.C., from the Chancery Division – Family Part in Ocean County. In June of this year, the Legislature introduced a bill, A-4244, which sought to codify the protection afforded to the unborn child of a domestic violence victim by Judge Jones’ published decision. Continue reading ›